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CR 76.25 Review of Workers' Compensation Board decisions

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
IX Appeals
CR 76. Practice and Procedure in Court of Appeals and Supreme Court (Refs & Annos)
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 76.25
CR 76.25 Review of Workers' Compensation Board decisions
(1) General.
Pursuant to Section 111(2) of the Kentucky Constitution and SCR 1.030(3), decisions of the Workers' Compensation Board shall be subject to direct review by the Court of Appeals in accordance with the procedures set out in this Rule.
(2) Time for Petition.
Within 30 days of the date upon which the Board enters its final decision pursuant to KRS 342.285(3) any party aggrieved by that decision may file a petition for review by the Court of Appeals and pay the filing fee required by CR 76.42(2)(a)(xi). Failure to file the petition within the time allowed shall require dismissal of the petition.
(3) Number of Copies.
An original and four (4) copies of the petition shall be filed with the Clerk of the Court of Appeals. The petition shall conform in all respects to CR 7.02(4) and be secured on the left side. Petitions shall be covered in red. Responses shall be covered in blue.
(4) Petition.
The petition shall designate the parties as appellant(s) and appellee(s) and shall contain the following:
(a) The name of each appellant and each appellee and the names and addresses of their respective counsel. The appellant shall specifically designate as appellees all adverse parties and the Workers' Compensation Board.
(b) The petition shall state the date of the entry of the decision by the administrative law judge and the date of entry of the final decision of the Workers' Compensation Board.
(c) Each petition shall begin with a table of points and authorities stating the issues to be raised. The petition shall contain a clear and concise statement of (i) the material facts, (ii) the questions of law involved, and (iii) the specific reason(s) why relief from the Board's decision should be granted by the Court of Appeals. The petition shall be prepared with the expectation that it will be the only pleading filed by the appellant in the appeal.
(d) Copies of the following documents shall be attached to the original and each copy of the petition filed in the Court of Appeals: (i) the decision of the administrative law judge, (ii) the final decision of the Workers' Compensation Board, and (iii) a set of the briefs filed with the Board by the appellant and each appellee. If review is sought of a decision on a motion to reopen, copies of the motion to reopen, any responses thereto, and decisions on that motion by the administrative law judge and the Board shall be attached.
(e) The petition shall clearly state whether there is or is not any other action concerning the injury pending before any other state or federal court or administrative body.
(5) Record.
Upon receipt of the petition, the clerk of the Court of Appeals will request that the original record of the Workers' Compensation Board be prepared by the board in conformity with CR 75.07(9) and (10), certified within a maximum of sixty (60) days, and transported forthwith to the office of the Clerk of the Court of Appeals.
(6) Response to Petition.
Each appellee may file an original and four copies of a response to the petition within 20 days of the date on which the petition was filed with the Court of Appeals. No reply to the response shall be filed without leave of Court.
(7) Certification.
The petition and the response shall be signed by each party or his counsel and that signature shall constitute a certification that the statements therein are true and made in good faith.
(8) Service of Petition and Response.
Before filing, a copy of the petition and any response shall be served on counsel of record, or on any party not represented by counsel, and on the Workers' Compensation Board. Such service shall be shown by certificate on the petition or response when filed in the Court of Appeals pursuant to CR 5.02 and CR 5.03. In any case in which the constitutionality of a statute is questioned, a copy of the petition and response shall be served on the Attorney General of the Commonwealth by the party challenging the validity of the statute. The Attorney General may file an entry of appearance within ten (10) days of the date of such service. If no entry of appearance is filed, no further pleadings need be served on the Attorney General.
(9) Cross-Petition; Response.
(a) Any party designated as an appellee may file a cross-petition within twenty (20) days following filing of the petition. The cross-petition shall state the name of each cross-appellant and each cross-appellee and the names and addresses of their respective counsel. The cross-petition shall contain a clear and concise statement of the issues which the cross-appellant seeks to raise and any material facts relevant to those issues not presented in the petition.
(b) Any cross-appellee may file a response to the cross-petition within twenty (20) days of the filing of the cross-petition.
(c) The original and four copies of the cross-petition and response shall be filed with the Clerk of the Court of Appeals.
(d) Cross-petitions and responses shall be signed in accordance with paragraph (7) of this Rule, and shall be served in accordance with paragraph (8) of this Rule, with colored covers and binding in accordance with paragraph (3) of this Rule.
(10) Submission.
The petition, any responses, cross-petitions, and the record shall be submitted to the Court of Appeals for review, and the matter shall proceed further as directed by order of the Court of Appeals. The court may order the filing of briefs under CR 76.12 or direct that the appeal be submitted for decision based only upon the petition and response.
(11) Disposition.
After the Court of Appeals issues a decision, the Clerk of the Court of Appeals shall send a copy of the decision of the Court of Appeals to counsel for each party and to the Workers' Compensation Board.
(12) Procedure for Further Review.
Further review may be sought in the Supreme Court of a final decision or final order of the Court of Appeals in a Workers' Compensation matter, and shall be prosecuted in accordance with the rules generally applicable to other appeals pursuant to CR 76.12 and CR 76.36.

Credits

HISTORY: Amended by Order 2001-2, eff. 1-1-02; prior amendments eff. 1-1-99 (Order 98-2), 10-1-94 (Order 94-1), 9-1-93, 11-15-91, 8-28-89, 5-4-88; adopted eff. 1-15-88
Rules Civ. Proc., Rule 76.25, KY ST RCP Rule 76.25
Current with amendments received through September 15, 2021.
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